Some commenters asked the Department to include references to test taking, writing, typing, keyboarding, or executive function.5 Several commenters asked the Department to include other...
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Examples of Major Life Activities, Other Than the Operations of a Major Bodily Function
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1.9.1.5 Special conditions for persons with disabilities requiring appeals action ratification
Equivalent Facilitation for public accommodations or facilities built with private funds whenever a determination of Unreasonable Hardship is granted by the local enforcing agency or building department...
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Section 36.302(f) Ticketing (Section-by-Section Analysis)
The Department received comments from advocacy groups, assembly area trade associations, public accommodations, and individuals....
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Standards for Individual Captioning Devices (Section-by-Section Analysis)
The Department received a number of comments for specific performance standards for individual captioning devices. ...
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Section 35.138 Ticketing (Section-by-Section Analysis)
Through the investigation of complaints, its enforcement actions, and public comments related to ticketing, the Department is aware of the need to provide regulatory guidance to entities...
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Alterations to cells and program access. (Section-by-Section Analysis)
The Supreme Court, in Pennsylvania Department of Corrections v....
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Definitions of residential facilities and transient lodging. (Section-by-Section Analysis)
The Department is aware of the wide range and duration of services provided by social service establishments. ...
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BACKGROUND
The United States Department of Justice (the “Department”) opened an investigation of the City of Chesapeake (the “City”) under title II of the Americans with Disabilities Act of 1990...
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Section 35.138 Ticketing (Section-by-Section Analysis)
The Department received comments from advocacy groups, assembly area trade associations, public entities, and individuals....
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Section 36.303(g)(7) Compliance Date for Providing Captioning and Audio Description
In the NPRM, the Department proposed at § 36.303(g)(4)(i) that all movie theaters with auditoriums displaying digital movies must comply with the requirements of the rule within 6 months...
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Part Three: Resources
Department of Justice ADA Information To help State and local governments, including small local governments, understand and comply with the law, the Department of Justice established...
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Scoping for timeshare or condominium hotels. (Section-by-Section Analysis)
In the NPRM, the Department sought comment on the appropriate basis for determining scoping for a timeshare or condominium-hotel....
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Definition of "wheelchair.'' (Section-by-Section Analysis)
In seeking public feedback on the NPRM's definition of ‘‘wheelchair,'' the Department explained its concern that the definition of ‘‘wheelchair'' in section 508(c)(2) of the ADA (formerly...
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B.
Without explaining why it applies here, the Department asks the Court to apply the Chevron framework to its understanding of Title II....
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C.
Even so, the sources on which the Department relies do not withstand scrutiny....
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Disability Rights Laws
The following publication, written by the Department of Justice, includes a description of ten laws and the federal agencies that enforce them....
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Equivalent Facilitation
The Department of Transportation's ADA regulations establish a procedure through which an agency or manufacturer may apply for a determination of equivalent facilitation for alternative...
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D. Plain Language Instructions
Plain Language Instructions The Department makes every effort to promote clarity and transparency in its rulemaking....
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"Housing at a Place of Education" definition
The Department has added a new definition to Sec. 36.104, “Housing at a Place of Education,’’ and has revised Sec. 36.406(e) to reflect the accessible features that now will be required...
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Training requirement. (Section-by-Section Analysis)
The Department has rejected this approach and will not impose any type of formal training requirements or certification process, but will continue to require that service animals be individually...
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Training requirement. (Section-by-Section Analysis)
The Department has rejected this approach and will not impose any type of formal training requirements or certification process, but will continue to require that service animals be individually...
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Section 35.151(g)(4)
For stadium-style movie theaters, in Sec. 35.151(g)(4) of the NPRM the Department proposed requiring placement of wheelchair seating spaces and companion seats on a riser or cross-aisle...
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Sec. 469.002(6) Executive director
(6) "Executive director" means the executive director of the department....
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§35.140 Employment Discrimination Prohibited
The Department received comments objecting to this approach....